July 25, 2012 CONGRESSIONAL RECORD — SENATE S5411 

‘‘(B) obtains a court order directing the 

disclosure under subsection (d); 

‘‘(C) has the consent of the subscriber or 

customer to the disclosure; or 

‘‘(D) submits a formal written request relevant to a law enforcement investigation 

concerning telemarketing fraud for the 

name, address, and place of business of a subscriber or customer of the provider or service 

that is engaged in telemarketing (as defined 

in section 2325). 

‘‘(2) SUBPOENAS.—A provider of electronic 

communication service, or remote computing service shall, in response to an administrative subpoena authorized by Federal 

or State statute or a Federal or State grand 

jury or trial subpoena, disclose to a governmental entity the— 

‘‘(A) name; 

‘‘(B) address; 

‘‘(C) local and long distance telephone connection records, or records of session times 

and durations; 

‘‘(D) length of service (including start 

date) and types of service used; 

‘‘(E) telephone or instrument number or 

other subscriber number or identity, including any temporarily assigned network address; and 

‘‘(F) means and source of payment for such 

service (including any credit card or bank 

account number), of a subscriber or customer 

of such service. 

‘‘(3) NOTICE NOT REQUIRED.—A governmental entity that receives records or information under this subsection is not required 

to provide notice to a subscriber or customer.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 2703(d) of title 18, United 

States Code, is amended— 

(1) by striking ‘‘A court order for disclosure under subsection (b) or (c)’’ and inserting ‘‘A court order for disclosure under subsection (c)’’; and 

(2) by striking ‘‘the contents of a wire or 

electronic communication, or’’. 

SEC. 844. DELAYED NOTICE. 

Section 2705 of title 18, United States Code, 

is amended to read as follows: 

‘‘§ 2705. Delayed notice 

‘‘(a) DELAY OF NOTIFICATION.— 

‘‘(1) IN GENERAL.—A governmental entity 

that is seeking a warrant under section 

2703(a) may include in the application for the 

warrant a request for an order delaying the 

notification required under section 2703(a) 

for a period of not more than 90 days. 

‘‘(2) DETERMINATION.—A court shall grant a 

request for delayed notification made under 

paragraph (1) if the court determines that 

there is reason to believe that notification of 

the existence of the warrant may result in— 

‘‘(A) endangering the life or physical safety 

of an individual; 

‘‘(B) flight from prosecution; 

‘‘(C) destruction of or tampering with evidence; 

‘‘(D) intimidation of potential witnesses; 

or 

‘‘(E) otherwise seriously jeopardizing an 

investigation or unduly delaying a trial. 

‘‘(3) EXTENSION.—Upon request by a governmental entity, a court may grant 1 or 

more extensions of the delay of notification 

granted under paragraph (2) of not more than 

90 days. 

‘‘(4) EXPIRATION OF THE DELAY OF NOTIFICATION.—Upon expiration of the period of delay 

of notification under paragraph (2) or (3), the 

governmental entity shall serve upon, or deliver to by registered or first-class mail, 

electronic mail or other means reasonably 

calculated to be effective as specified by the 

court approving the search warrant, the customer or subscriber— 

‘‘(A) a copy of the warrant; and 

‘‘(B) notice that informs the customer or 

subscriber— 

‘‘(i) that information maintained for the 

customer or subscriber by the provider of 

electronic communication service, or remote 

computing service named in the process or 

request was supplied to, or requested by, the 

governmental entity; 

‘‘(ii) of the date on which the warrant was 

served on the provider and the date on which 

the information was provided by the provider 

to the governmental entity; 

‘‘(iii) that notification of the customer or 

subscriber was delayed; 

‘‘(iv) the identity of the court authorizing 

the delay; and 

‘‘(v) of the provision of this chapter under 

which the delay was authorized. 

‘‘(b) PRECLUSION OF NOTICE TO SUBJECT OF

GOVERNMENTAL ACCESS.— 

‘‘(1) IN GENERAL.—A governmental entity 

that is obtaining the contents of a communication or information or records under section 2703 may apply to a court for an order 

directing a provider of electronic communication service, or remote computing service to which a warrant, order, subpoena, or 

other directive under section 2703 is directed 

not to notify any other person of the existence of the warrant, order, subpoena, or 

other directive for a period of not more than 

90 days. 

‘‘(2) DETERMINATION.—A court shall grant a 

request for an order made under paragraph 

(1) if the court determines that there is reason to believe that notification of the existence of the warrant, order, subpoena, or 

other directive may result in— 

‘‘(A) endangering the life or physical safety 

of an individual; 

‘‘(B) flight from prosecution; 

‘‘(C) destruction of or tampering with evidence; 

‘‘(D) intimidation of potential witnesses; 

‘‘(E) otherwise seriously jeopardizing an 

investigation or unduly delaying a trial; or 

‘‘(F) endangering national security. 

‘‘(3) EXTENSION.—Upon request by a governmental entity, a court may grant 1 or 

more extensions of an order granted under 

paragraph (2) of not more than 90 days.’’. 

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NOTICES OF HEARINGS 

COMMITTEE ON HEALTH, EDUCATION, LABOR, 

AND PENSIONS

Mr. HARKIN. Mr. President, I wish to 

announce that the Committee on 

Health, Education, Labor, and Pensions will meet in open session on 

Thursday, July 26, 2012, at 10 a.m. in 

room SD–430 in the Dirksen Senate Office Building to conduct a hearing entitled ‘‘CCDBG Reauthorization: Helping 

to Meet the Child Care Needs of American Families.’’ 

For further information regarding 

this meeting, please contact Jessica 

McNiece of the committee staff at (202) 

224–9243. 

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. BINGAMAN. Mr. President, I 

would like to announce for the information of the Senate and the public 

that a hearing has been scheduled before the Senate Committee on Energy 

and Natural Resources. The hearing 

will be held on Monday, August 6, 2012, 

at 2 p.m., in Contois Auditorium in the 

Burlington City Hall, 149 Church 

Street, Burlington, VT 05401. 

The purpose of the hearing is to examine gasoline price and margin dynamics within the State of Vermont. 

Because of the limited time available 

for the hearing, witnesses may testify 

by invitation only. However, those 

wishing to submit written testimony 

for the hearing record may do so by 

sending it to the Committee on Energy 

and Natural Resources, United States 

Senate, Washington, DC 20510–6150, or 

by e-mail to Symone_Green@energy. 

senate.gov. 

For further information, please contact Hannah Breul at (202) 224–4756 or 

Symone Green at (202) 224–1219, or Abigail Campbell at (202) 224–4905. 

f 

AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON COMMERCE, SCIENCE, AND

TRANSPORTATION

Mr. BEGICH. Mr. President, I ask 

unanimous consent that the Committee on Commerce, Science, and 

Transportation be authorized to meet 

during the session of the Senate on 

July 25, 2012, at 10 a.m., in room 253 of 

the Russell Senate Office Building. 

The Committee will hold a hearing 

entitled, ‘‘The International Space Station: a Platform for Research, Collaboration, and Discovery.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON COMMERCE, SCIENCE, AND

TRANSPORTATION

Mr. BEGICH. Mr. President, I ask 

unanimous consent that the Committee on Commerce, Science, and 

Transportation be authorized to meet 

during the session of the Senate on 

July 25, 2012, at 2:30 p.m., in room 253 of 

the Russell Senate Office Building. 

The Committee will hold a hearing 

entitled, ‘‘Short-Supply Prescription 

Drugs: Shining a Light on the Gray 

Market.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. BEGICH. Mr. President, I ask 

unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during 

the session of the Senate on July 25, 

2012, at 2:30 p.m., in room SD–366 of the 

Dirksen Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON ENVIRONMENT AND PUBLIC

WORKS

Mr. BEGICH. Mr. President, I ask 

unanimous consent that the Committee on Environment and Public 

Works be authorized to meet during 

the session of the Senate on July 25, 

2012, at 10 a.m. in room SD–406 of the 

Dirksen Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON FINANCE

Mr. BEGICH. Mr. President, I ask 

unanimous consent that the Committee on Finance be authorized to 


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S5412 CONGRESSIONAL RECORD — SENATE July 25, 2012 

meet during the session of the Senate 

on July 25, 2012, at 10 a.m. in room SD– 

215 of the Dirksen Senate Office Building, to conduct a hearing entitled 

‘‘Education Tax Incentives and Tax Reform.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON FOREIGN RELATIONS

Mr. BEGICH. Mr. President, I ask 

unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the 

Senate on July 25, 2012, at 3 p.m., to 

hold a hearing entitled ‘‘Economic 

Statecraft: Increasing American Jobs 

Through Greater U.S.-Africa Trade and 

Investment (S. 2215, The Increasing 

American Jobs Through Greater Exports to Africa Act of 2012).’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON THE JUDICIARY

Mr. BEGICH. Mr. President, I ask 

unanimous consent that the Committee on the Judiciary be authorized 

to meet during the session of the Senate, on July 25, 2012, at 10 a.m., in room 

SH–216 of the Hart Senate Office Building, to conduct a hearing entitled ‘‘Ensuring Judicial Independence Through 

Civics Education.’’ 

The PRESIDING OFFICER. Without 

Objection, it is so ordered. 

SPECIAL COMMITTEE ON AGING

Mr. BEGICH. Mr. President, I ask 

unanimous consent that the Special 

Committee on Aging be authorized to 

meet during the session of the Senate 

on July 25, 2012, at 2 p.m. in room 562 

of the Dirksen Senate Office Building 

to conduct a hearing entitled ‘‘Enhancing Women’s Retirement Security.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

SUBCOMMITTEE ON FEDERAL FINANCIAL MANAGEMENT, GOVERNMENT INFORMATION, FEDERAL SERVICES, AND INTERNATIONAL SECURITY

Mr. BEGICH. Mr. President, I ask 

unanimous consent that the Committee on Homeland Security and Governmental Affairs’ Subcommittee on 

Federal Financial Management, Government Information, Federal Services, and International Security be authorized to meet during the session of 

the Senate on July 25, 2012, at 2:30 p.m. 

to conduct a hearing entitled ‘‘Assessing Grants Management Practices at 

Federal Agencies.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

PRIVILEGES OF THE FLOOR 

Mr. CARDIN. Mr. President, I ask 

unanimous consent that Elizabeth 

Eickenberg, from Senator MERKLEY’s 

staff, be granted floor privileges for the 

remainder of the day. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

FOR THE RELIEF OF SOPURUCHI 

CHUKWUEKE 

Mr. WHITEHOUSE. Mr. President, I 

ask unanimous consent that the Senate proceed to the consideration of Calendar No. 464, S. 285. 

The PRESIDING OFFICER. The 

clerk will report the bill by title. 

The legislative clerk read as follows: 

A bill (S. 285) for the relief of Sopuruchi 

Chukwueke. 

There being no objection, the Senate 

proceeded to consider the bill, which 

had been reported from the Committee 

on the Judiciary, with an amendment, 

as follows: 

(The part of the bill intended to be 

inserted is shown in italics.) 

S. 285 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. ADJUSTMENT OF STATUS. 

(a) IN GENERAL.—Notwithstanding any 

other provision of law, for the purposes of 

the Immigration and Nationality Act (8 

U.S.C. 1101 et seq.), Sopuruchi Chukwueke 

shall be deemed to have been lawfully admitted to, and remained in, the United States, 

and shall be eligible for adjustment of status 

to that of an alien lawfully admitted for permanent residence under section 245 of the 

Immigration and Nationality Act (8 U.S.C. 

1255) upon filing an application for such adjustment of status. 

(b) APPLICATION AND PAYMENT OF FEES.— 

Subsection (a) shall apply only if the application for adjustment of status is filed with 

appropriate fees not later than 2 years after 

the date of the enactment of this Act. 

(c) REDUCTION OF IMMIGRANT VISA NUMBERS.—Upon the granting of permanent resident status to Sopuruchi Chukwueke, the 

Secretary of State shall instruct the proper 

officer to reduce by 1, during the current or 

next following fiscal year, the total number 

of immigrant visas that are made available 

to natives of the country of the birth of 

Sopuruchi Chukwueke under section 202(a)(2) 

of the Immigration and Nationality Act (8 

U.S.C. 1152(a)(2)). 

(d) DENIAL OF PREFERENTIAL IMMIGRATION

TREATMENT FOR CERTAIN RELATIVES.—The natural parents, brothers, and sisters of Sopuruchi 

Victor Chukwueke shall not, by virtue of such 

relationship, be accorded any right, privilege, or 

status under the Immigration and Nationality 

Act (8 U.S.C. 1101 et seq.). 

Mr. GRASSLEY. Mr. President, I 

wish to express my support for S. 285, a 

private relief bill for Soptuuchi ‘‘Victor’’ Chukwueke. 

Mr. Chukwueke has a compelling 

story. He has suffered a serious medical 

condition, was abandoned by his parents, and was brought to the U.S. at a 

young age. He has endured several surgeries as a result of his serious medical 

condition, and has overcome many barriers to get where he is today. 

Despite his personal story and 

achievements, members of the Judiciary Committee were informed by Immigration and Customs Enforcement 

that he was an orphan and had no family in the U.S. or in Nigeria, his home 

country. We were led to believe that he 

had no family because that is how he 

represented himself during interviews 

with Federal agents. We found out 

later, however, that he still had a 

mother and father, and six siblings in 

Nigeria. Upon learning of this discrepancy, I immediately asked Immigration and Customs Enforcement to clear 

up these conflicting statements, and to 

provide any other background information or paper in his files, including 

interview notes to understand the line 

of questioning that took place between 

ICE and Mr. Chukwueke. ICE rejected 

sharing the file with members of the 

Judiciary Committee. After weeks of a 

standstill, ICE agreed to show committee staff what was in his alien file. 

The file was helpful because we could 

review interview notes, visa applications, pictures, and other notes on Mr. 

Chukwueke. 

Upon completing the review of the 

file, committee staff held a conference 

call with Mr. Chukwueke. During that 

interview, Mr. Chukwueke stated that 

he told investigators that he believed 

he was an orphan and that he had no 

intention of lying. For the record, I ask 

unanimous consent to have printed in 

the RECORD a copy of the sworn affidavit that was provided by Mr. 

Chukwueke to ICE and to members of 

the Judiciary committee. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

(See exhibit 1.) 

Mr. GRASSLEY. The committee reported S. 285 out of committee on July 

19. The committee-reported bill includes a provision that prohibits Mr. 

Chukwueke from using his status to 

sponsor immediate family for benefits 

under the Immigration and Nationality 

Act. The language in my amendment is 

identical to language used in other private relief bills. Similar language was 

included in bills in 1999 and 2000. Senator Levin, the sponsor of this private 

relief bill, supported the amendment. 

We always consider private relief 

bills on a case-by-case basis. In the 

case of Mr. Chukwueke, we were told 

that he did not have parents or family 

in the U.S. or in Nigeria. It turned out 

that was not the case. Those statements were inaccurate. He says he did 

not mean to mislead ICE agents about 

his family, but the fact is that he did. 

He did not tell the whole truth. 

As I said, in previous private relief 

bills, we have excluded private bill recipients from sponsoring immediate 

family members. That is not to say 

that the family members are barred 

from ever entering the country. It simply means they cannot use the private 

bill recipient’s special status to provide them a benefit or to gain derivative status. 

There are many worthwhile people 

who want to come or remain in the 

United States. However, there are bad 

actors and people who will perpetuate 

fraud in order to do so. People will go 

to great lengths to come to the United 

States. We need to be worried about individuals who will take advantage of 

our open door policies and manipulate 

the system to get a benefit. We need to 

be watchful for potential fraud and 

abuse of the system. 

If S. 285 passes the House and is sent 

to the President, Mr. Chukwueke may 

be able to attend medical school in the 

fall. He has the support of many upstanding individuals, including Senator 


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